boyfriend's conversations. this is big brother, folks. this is not good. in brazil this apparently doesn't violate any privacy laws but google wouldn't comment on the decision. this is not a path we could grow down. >> do it with girlfriends and it would be fair and balanced. martha: that is not good. gregg, we'll see you tomorrow. "happening now" starts right now. have a good day. jon: brand new stories and breaking news. he clear ad background check without any warning bells. a former flight attendant with a history of trouble pleads guilty to making bomb threats. how did he slip through the cracks? from hollywood to behind bars how this 1970s teen star is in big trouble with the law. what is the secret to a healthy life. study on super agers and remarkly healthy looking brains. it is all "happening now." jon: but first, major developments out of egypt where

ousted leader hosni mubarak has been released from jail. a move that could further divide a country already in crisis. good morning to you, i'm jon scott. >> i'm heather childers in for jenna lee. good to be here. jon: good to have you here, heather. >> mubarak was transported by hello cop from this prison to a military hospital in cairo. from there we're told he will be placed under house arrest. his release threatens to stoke the unrest on the military coup that resulted in the ouster of president mohammed morsi. leland vittert is live in jerusalem. what are you learning about mubarak's release? >> reporter: this is essentially the equivalent ever out on bail awaiting trial. he is ordered under house arrest bit prime minister, now what you might call hospital arrest. the helicopter that took him to the hospital from the prison that he was being held at was a air ambulance if you will and then he arrived there at the hospital. he is now under military guard. it went down like this. he was convicted of ordering the

killing of protesters during the 2011 revolution. that conviction was appealed. he won the appeal and he is now awaiting retrial. hence him waiting in prison the now he will wait in the hospital or under house arrest. there has been a lot of anger over this decision to be made. also you have to look at the timing here. it was just about seven or eight weeks ago that the military coup that took power from the muslim brotherhood came into effect. the military and hosni mubarak very close. hosni mubarak was a former air force pilot there within the egyptian military and with very close ties to the egyptian military. a lot of folks are not very happy how this went down. heather? >> leland, the muslim brotherhood protest planned for tomorrow, how will this affect the protests? >> reporter: this will be judgment day for the army. they took a big gamble by allowing this to happen. we will get reaction how much anger there is about the release of hosni mubarak. if the brotherhood is able to

mobilize mass crowds tomorrow if they haven't been able to get this week. that will tell us it is a very unpopular decision. on the other hand if the tomorrow goes off pretty quietly, the army will pull this off without upsetting too many folks or people getting out on the street and risks arrest and violence we saw last couple days. anything is possible in egypt over the past seven or eight weeks. it is to figure out which one of those paths it will go down tomorrow. >> leland vittert, live in jersey. i know you will keep a eye on it tomorrow. thank you. jon: to tragic new developments out of syria where bodies are still being recovered and the death toll is expected to rise on the outskirts of capital of damascus. syrian rebels report taking this video showing what they claim to be a deadly chemical weapons attack killing hundreds of people. last night the u.n. security council held an emergency session but member nations could knot agree on calls for an investigation. now france is saying the world should respond with force if the

allegations of poison gas use are true. ambassador adam erly, former state department deputy spokesman, former ambassador to bahrain and former state department diplomat to syria. good morning, sir. how should the world really get to the bottom of this attack? >> i think france is right. if it has been demonstrated that chemical weapons were used then force is not an option, it is a necessity. there are u.n. officials there now. they can investigate and let's be honest, there are clandestine means to ascertain whether chemical weapons were used through physical examinations and soil samples. jon: but the u.n. has been dithering. it can't even agree on whether or not to investigate this thing. >> it doesn't require the u.n. when chemical weapons were last reported to have been used early

they are year, we were able to determine conclusively that the regime was responsible and, we didn't see action taken. that's why we're facing this crisis again on a larger scale. if we don't do something now, we'll have a bigger problem in the next couple of months. jon: well it came on the anniversary of president obama saying that, you know, chemical weapons use is a red line that should not be crossed. that seems to be a direct slap in the face to the president, doesn't it? >> well, my guess is the discussions going on now within the administration are not weather to -- whether to respond but how to respond if chemical weapons are used. our response last time was insufficient. i think that encouraged, made the assad regime think it could get away with using them again. our response this time should be clearer and unmistakable if you use chemical weapons you will suffer pain. therefore, don't use them again.

the question is not, whether to use force. it's how much force to use so that the force has the intended effect and not, doesn't create unintended consequences. jon: the foreign minister of turkey is one of those who is saying it's time to get tough. he says, we call on the international community in this situation where the red line was crossed long ago to intervene as soon as possible. but the united states and really a lot of other nations haven't shown the stomach for getting involved in this fight militarily up to now. what would you suggest? >> i think you're going to see that change and the question is, what does intervene mean? we have to take action that, that deters assad and his regime from using chemical weapons but does not fundamentally alter the balance of power on the ground or unnecessarily engage u.s. forces. we don't want to aller the balance of power on the ground, that could lead to, believe it or not escalation of the

conflict with iran getting in, potentially russia getting in. we don't want to see that. but we do need to change bashar al-assad's calculus, so that he knows without any doubt if he uses chemical weapons again he will suffer unacceptable pain. there are ways to do that militarily that do not put u.s. servicemen and women at risk. yet, put the united states very firmly on the right side of the issue. jon: well, specifically, i mean, you know, you can, i suppose enforce a no-fly zone. you could perhaps bomb some of his -- >> look, i think, i think, i'm not a military expert and there are people who know this much better than i but i think what you could do is, you stand off weapons, tomahawk missiles, other kinds of, other kinds of air to ground munitions, that do not put u.s. pilots at risk, do not put u.s. soldiers at risk, yet attack and degrade key

regime facilities, whether it is intelligence headquarters, whether it is airfields, whether it is other purely regime facilities, and tells the regime, lets the regime know, again, if you use these weapons you will suffer pain. remember assad is a bully and with bullies if you let them intimidate the kids on the playground, they will run roughshod over everybody. you have to give them a bloody nose or else he is just going to continue his bullying ways. jon: do you agree president obama's red line was crossed long ago? >> you know, it is really not clear to me that it was as decisive and unequivocal a red line as possible. look, i don't mean to fudge the answer but the yes is -- the question is, you have to be clear about this, what chemical weapons were used? who used them? how, how great was the damage? what's a chemical weapon?

i mean is chlorine in a bottle that burns people's lungs a chemical weapon or does it have to be mustard gas or sarin bass? does it have to be certain concentration, et cetera, et cetera. i think again, the scale of this last incident, if it's a chemical weapons, is so great that it leaves very little room for doubt. jon: well, the opposition says more than 1,000 people are dead and roughly a third of them are children. many of them women as well. just an you have a situation. ambassador adam erli. thank you. >> thank you. >> new reaction to the federal government funding of planned parenthood through obamacare. a new report is out showing a nearly a million dollars in grant money is being given to a number of centers nationwide to help sign people up for health insurance under the conversal law. molly henneberg live for us in washington with these details. molly?

>> reporter: heather, planned parenthood applied for and received the grant money any, called a navigator grant, it is marked to help people learn and navigate through the obamacare health insurance exchanges. the but republicans say this is round-about way to get money to the largest abortion provider in the country. planned parenthood is unique to talk to young women and under obamacare. how the grant money will be used a spokesperson said, quote, these grants will enable local planned parenthood affiliates to help enroll in new, more offaffordable plans that cover preventative care, maternity care, emergency care. these have nothing to do with abortions and won't be used for abortion services. but republican lawmakers, tennessee representative diane black is not buying it. president obama promised that federal taxpayer dollars that fund obamacare would not two so abortion providers there is no way to verify with these grants

to planned parenthood. >> money is fungible. so how can we be assured that the money that is being given when each of these affiliates are required to have abortion services in everyone of their clinics? how do you separate that money so it is in the same building. you have the same kind of staff. the heating, the air-conditioning, all of those things, the rent, how can we be assured that money is being separated out? >> reporter: congresswoman black is also concerned about the people, the navigators who will be educating americans about obamacare. she says they will be collecting massive amounts of personal information on people but do not have any security clearances and don't even have to have a high school degree. she says the situation is prime for identity theft. heather? >> molly henneberg, live for us. thank you, molly. jon: well both side have rested in the court-martial of the accused fort hood shooter. now the cases set to go to the panel that will decide his guilt or innocence. a live report just ahead.

plus the nsa's secrets reviewed. new revelations that the agency gathered thousands of emails from innocent americans. new reaction to the murder of a college act three involving three teenagers. what a top civil rights leader is now saying about it as the victim's girlfriend speaks out. >> he is chatty, he could talk to anybody about anything at anytime. it was amazing. i was always shier one that had everything to say. he could talk to a wall. he is such an amazing person and i'm going to miss him. [ male announcer ] staying warm and dry has never been our priority. ♪ catering to the conveniently lated has never been our priority. our priority is, was and always will be serving you, the american people. we get to see everyone in america almost every day.

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heather: well the race debate heating up after three teenagers are charged in connection with the death of a white college athlete in oklahoma. christopher lane from australia visiting the united states on a baseball scholarship. the 22-year-old gunned down while he was just jogging in what's now being called a thrill kill.

one of the teens allegedly confessing they targeted lane because they were bored. a top civil rights leader is speaking out. garrett tenney is live from our chicago bureau. garrett, what kind of reaction are you hearing? >> reporter: heather, last night reverend jesse jackson sent out a tweet saying he was praying for the family of christopher lane and justice in the case must prevail. in a fuller statement he went on to say the recent incidents of violence in america, most notably of the murder of christopher lane, an aspiring student athlete from australia and oklahoma and on a school bus in florida calls for us to collectively resist all forms of violence on society. particularly black on black violence that disproportionately affects every facet of black life in america, end quote there. prosecutors have now said two of the three teens in this case, 15-year-old james edwards, jr., and 16-year-old chauncy luna will be tried as adults. both are facing life in prison without parole for first-degree

murder, while the third teen he will also be tried in adult court but tried as a teen. 17-year-old michael jones who police say was driving the car at the time of this crime. heather? heather: we're also learning that one of the teenagers may have posted racist remarks on twitter? >> reporter: yeah, that's right. that is james edwards, jr., the 15-year-old. this was just months ago on what is believed to be his twitter account. he posted this. the message was, 90% of white people are nasty. hashtag, hate them. in a few days after the trial of george zimmerman had ended edwards allegedly post ad message bragging about how he knocked out five white people since the verdict was read. prosecutor jason hicks, he described the 15-year-old who is no stranger to police as having quote an attitude of total disregard for law enforcement. the young man thinks this cases funny and a joke. heather, the next hearing in

this case are scheduled for october. >> garrett tenney, live for us. so troubling. thank you. jon? >> reporter: certainly. jon: well, we're going to take a look at the president. he is in buffalo, new york, proposing a new system for rating colleges. he is speaking at university of buffalo, part after two-day bus tour through new york and pennsylvania. the new system is aimedded at helping identify affordable institutuions. the plan would require congressional approval. if you want to catch the president's speech. we have it streaming live at our website, foxnews.com. secrets of super agers, men and women in their 90s, believe it or not, with the brain power of people who are decades younger. what a new study is revealing that, might be able to hip us all.

jon: flight attendants are supposed to insure your safety and your comfort when traveling, not threaten to blow you out of the sky. a former flight attendant is pleading guilty of phoning in bomb threats to his former employer. the los angeles man is accused of phoning in six bomb threats to united airlines in united states and london last year. his lawyer was saying he was upset with united and he filed a sexual harrassment case that didn't go anywhere. >> not admitting the allegations are true but if it turns out

they were true, this was a person who is highly frustrated about his situation and felt like he had no recourse. jon: another airline, american, was training him to be one of their flight attendants before he was arrested. but american fired him in may after they say his name turned up on a no-fly list. good thing. heather: new details emerging in the nsa scandal. taking a picture of an agency capable of monitoring 75% of all u.s. internet traffic. this just as the latest new revelation in an avalanche of declassified releases and leaks for the obama administration. so is there any way for the white house to regain control of the news cycle? angela mcglowan, fox news political analyst. she joins us now. thanks for being here, angela. >> thanks for having me, heather. heather: nice to see you. i want to begin with a fact check. first, the administration officials they claimed that no

data was being collected that spied on americans. that's first. that was false. the administration, they claimed that spying was limited and it was directed overseas. that turns out to be false. >> yes. heather: and then the president said that the more americans learn about the program the more comfortable they will be. so we've now found out they're capable of monitoring 75% of internet activity. does that make you more comfortable? >> no, it doesn't make me comfortable at all. it boils down to the basics of the constitution and probable cause and it is clear that the nsa has colored outside the lines. heather, they even told the court criminally they went outside their bound three times in collecting information. so the problem is this. the government is supposed to protect the consumer but who is policing the nsa? the nsa is policing itself. it has no oversight and it answers to no one but it should answer, heather, to the american

people. wasn't it president obama who said that his administration would be about transparency? heather: he absolutely did and, you know, we now have the senate judiciary chairman himself, patrick leahy, he is promising a hearing. we have senator bob corker demanding nsa director, keith alexander brief the entire senate. this as a possible solution. you just touched on it and i want to talk about what you think can be done to provide that oversight. calls for an independent special advocate to oversee the nsa. would that fix things? >> well, the bottom line is this. we already have things in place, heather. we have the constitution. and we have congress. and again, the government is supposed to protect the consumer. so we're going down a slippery slope here. we should not have an independent advocate. people should be brought to justice if they broke the law. i'm for achieving, the war on terror, i'm for winning the war

on terror by any means necessary but do we give away our constitutional rights? do we give away our privacy? do i believe we should have an independent advocate? no. we have congress and we have the white house and the nsa is supposed to protect us. heather: you know speaking of the white house, a long list of questions when it comes to truthfulness and transparency that you touched on. you have "fast and furious." you've got benghazi. you've got spying on the press. irs targeting and now you have spying on americans. how can the white house get ahead of any of this and reinstate their trustworthiness with americans? >> i think they have lost their trustworthiness but, heather, the bottom line is, the mainstream media is at side of the president in most cases. so i believe that they will get ahead of this in the news. i don't want the american people to know everything that is going on. i don't want to know what the fbi knows for the cia knows or the nsa knows but congress

should know. there should be a private hearing, a private meeting where we have our elected officials actually hear what actually happened and what the nsa is doing. the bottom line, again, the nsa polices itself. whenever you have a government entity police itself that's a problem. look at irs and tea party. heather: senator patrick leahy, promising a hearing, calling for that. so we'll see if that happens. thank you for joining us angela. >> thank you, heather. heather: you can now by the way sign up for the hottest fnc stories straight to your in-box every single day. this of course is one of them. visit foxnews.com/foxnewsfirst. simply enter your email into the line. click on the sign-up button and you're good to go. that is foxnews.com/foxnewsfirst. do not miss out. jon: we have the latest on a controversial move by the fed ral government. paying planned parenthood to help people sign up for health care.

what is going on there? more on that ahead. plus closing arguments in the court-martial of accused fort hood shooter nidal hasan. a live report as both sides wrap up their cases. love, warmth. love, warmth. here, try this. mm, ok! ching! i like the fact that there's lots of different tastes going on. mmmm! breakfast i'm very impressed. this is a great cereal! honey bunches of oats. i hear you crunching.

>> right now president obama is at the university of buffalo, the first stop on his bus tour. he'll be riding through new york and pennsylvania stopping to talk about plans to make higher education more affordable, he says, and more valuable for the

middle class. chief white house correspondent has details from washington so what's the point of this tour, ed? what's he trying to accomplish? >> good to see you. i'm here in buffalo with the president. this was the tactic he used on the campaign trail, get out and talk directly with people. he's starting here at the university of buffalo because he wants to talk about college affordability and say that the average student now graduates with $26,000 in debt. he's saying the country right now is spending too much on prisons and not enough on colleges, getting federal aid to students, et cetera, but he's also talking health care. he mentioned his health care law. there's a big october 1 deadline to get people to sign up. he needs a lot of young, healthy people to sign up to make the insurance exchanges work and some early signs are not enough young people are signing up. he's got approval ratings back in washington that have been coming down. getting out here with his base, young people, that have elected

him twice is something that he's hoping will sort of help bring him back politically. jon: how many of these proposals are likely to get through congress or will he need congress' approval? >> that's the big question and one of the key parts he's going to get to in a moment, we're told, is that he wants to unveil a plan to rate colleges by 2015 on how affordable they are, how much student aid are getting, how much debt students are graduating with but if he gets congressional approval, he then says he wants to tie that to how much financial aid these colleges get, how high they rank in terms of affordability. the problem is, the environment in washington right now it's very unlikely he'll get a plan like this through congress. more likely he'll act on his own with an executive order or something like that which we've seen on a whole range of issues. jon: ed henry in buffalo with the president and not in washington that i first suggested. thank you very much. we'll let you get back to the

president's speech. we're continue to monitor it and bring you any news out of the president's remarks and if you would like to watch the entire event, we have it right now on fox news.com. heather: clothing arguments nearly underway in the court har shall a major hasan. he is representing himself, has hardly made any attempt to prove his innocence. one piece of evidence. hasan is accused of opening fire on the an army processing center in 2009 killing 13 fellow soldiers. casey is live from fort hood, texas. what can we anticipate happening today? >> well, heather, breaking development just before we went on the air. the prosecution began its closing arguments. they did things a little backwards this morning to how we're used to seeing things happen in civilian court. the jury got their instructions first and then they moved into closing arguments. the judge osbourne meticulously went over all the charges and

all of the instructions with the jury. in fact, we want to put them up on the screen and have you take a look for yourself. major hasan is charged with 13 counts of premeditated murder, 32 counts of attempted prem premeditated murder and then unpremeditated murder, attempted, unpremeditated murder and then aggravated assaults. now, these are not additional charges, we should note. again, lesser included offenses under that premeditated murder umbrella. now, the prosecution's closing arguments expected to take about an hour or so where they will be summarizing more than 700 pieces of evidence they presented and then review witness testimony from the nearly 90 witnesses they called. then major hasan has an opportunity to present his closing but remember, his opening was just two minutes long so who knows, frankly, what he has in store but the reality is, jury or the panel as it's

called, could begin deliberations by this afternoon. heather: hasan chose not to testify but he could make a statement in his sentencing, correct? >> that's right. he chose not to take the stand in the findings phase and that really didn't surprise a lot of people. military legal analysts had said all along they would be surprised if he did decide to speak but he didn't call a single witness, either. the judge entered the courtroom yesterday, gave the floor to major hasan and he said the defense rests. if the jury finds him guilty, he would have another chance to speak in the next portion of this court-martial which is the sentencing phase and he would have less restrictions. it's also when we would hear from the family members of all 13 who were killed on this post back in 2009, the first time, in fact, they have really publicly spoken, heather. heather: saysy live for us. thank you.

jon: well, a new jobs report today shows more people are applying for unemployment benefits. the number went up 13,000 last week to a total of 336,000 nationwide but some companies are looking for new employees. our next guest creates an interactive job application that helps employers and job seekers make a match. in our small business spotlight, adam lewis, the c.e.o. of apploi. you said a paper resume is so old fashioned. >> exactly, especially in retail and hospitality. two years ago you went store to store for a resume. i thought there needs to be a better way and how we can use technology to provide benefits to employers. jon: i have a daughter going place to place with a paper resume, essentially. what did you come up?

>> we have a mobile exchange. by 2015, more people will use it on the mobile phones than computers. applying for service support work, need a very easy way to show themselves. someone comes into the store, the manager can point them to the kiosk and the candidate can actually hear an angry customer. how would you respond to the customer? and then they say how they would handle the person come in the store jon: it's geared toward clerks and restaurant workers. >> most of the jobs are in restaurant and retail industries. i believe there needs to be an easier way so this solution provides a much better information to the company and a much, much more pleasant experience for the candidates that are so often candidates. jon: how has it been received? >> we launched this product literally three months ago and it's been unbelievable. we're working from the smallest

stores up to the big ones who roll across 44 stores, recently in seven states. we've got medical companies using it. you know, trying to hire nursing staff all the way through. we're speaking to like the big fortune 500 companies. rather than taking resumes out of career events, they're taking ipads and they're asking the candidates to drop off the paper resume for the app. jon: the companies get a look at the person they're interviewing, they see how they interact with people and the people also get a better feel for the company? >> yeah, which is much more important. if you think for the retail industry, personality and commitment, these are the front of the stores. these represent the brands. it's much more important to see how they're going to present rather than potentially the skills or what they've done from an educational background. jon: you started in britain but now most of your employees are here in new york. we thank you for providing jobs to the country but what are your growth prospects?

>> we found that across the u.s., the appetite for technology and new things is more positive than in europe and overseas, there's so much more opportunity in terms of being able to deal with across the country. in the u.k., it's just a couple of companies. now we're here 17 in new york and dropped down to five in the u.k. so we're building up the u.s. economy. jon: and health care is part of your equation, the difference in the health care systems. you're thinking about that a lot as you expand. >> yeah. we try and provide the best benefits to our team, create a good kl culture and health care here is almost expected from our team. in the u.k., very different. health care is extremely good and we're not expected to provide private health care. jon: and are you running up against any road blocks? are people, banks dealing with you and so forth? >> everyone has been good. new york has been great to us and the u.s. has been really

accepting and very positive. jon: it's a great country. >> it is. jon: welcome you. c.e.o. of apploi.com. heather: we americans like to be positive. coming up, a potential major breakthrough in preventing memory loss. as we learn about some so-called super agers whose brains seem to betray their years. we'll explain. a former teen heart throb in trouble with the law and this isn't the first time the part ridge family legend has had a problem with police. [ male announcer ] these days, a small business can save by sharing. like carpools... polly wants to know if we can pick her up. yeah, we can make room. yeah. [ male announcer ] ...office space. yes, we're loving this communal seating. it's great. [ male announcer ] the best thing to share? a data plan. at&t mobile share for business. one bucket of data for everyone on the plan, unlimited talk and text on smart phones.

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heather: new in the next hour, one of more than 50 major blazes burning across the western u.s. getting some special attention. a wildfire outside of yosemite national park has more than tripled in size. now threatening about 2,500

buildings. we'll bring you the very latest. plus the teenage girl allegedly kidnapped by a family friend speaking out on network tv for the first time. what hannah anderson is revealing about the or deal and the letters she exchanges with dimaggio before he allegedly killed her mother and brother. the defense attorneys for jodi arias requesting rare access to the jury's private information. arias was convicted of murdering her boyfriend but the jurors failed to reach a decision on her sentence and now the defense team says they're making this request in the interest of fairness. jon: a former teen heart throb charged with felony d.w.i. we're talking with david cassidy pulled over and booked. yeah, he used to be a teen heart throb but the years have taken a toll and this is not his first offense behind the wheel.

>> he's looking really good in that picture versus the mug shot you're about to see. my childhood heart throb has gotten himself in a bit of trouble. david cassidy was arrested for, like you mentioned, drunken driving after being pulled over at a police check point. the former teen idol was given breath and field sobriety tests after he failed to dim his car's headlights. he blew a.10. the legal limit is .08. the 63-year-old was released on $2,500 bail and is scheduled to appear in court on september 6. but i should add, this is not cassidy's first time hitting the bottle before getting behind the wheel. in 2011 he pled no contest to a drunk driving charge he had in 2010 and after being arrested in florida where he lives, he was sentenced to a year's probation. he paid a $500 fine, served 50 hours of community service, attended a d.u.i. school while

his driver's license was suspended for six months. he became famous on the part ridge family where he played the eldest of five children on screen with his real-life stepmother shirley jones. family of musicians travelled in a repainted school bus. school was cancelled after four seasons. he then launched his own pop music career and recorded hits like "i think i love you." i'm sure my mom still has that record somewhere in the house because she's a bit of a pack rat. i have to find that record. i have to get a record player now to play it. jon: but to be clear, he was older than you, right? >> much, much older. i think i was six. he was my first crush. that's all i have. jon: don't drink and drive, okay? heather: speaking of aging well or maybe he didn't, the secret to aging well, we'll talk about new research shedding light on prevening memory loss and new pressure to act on syria in the wake of a suspected chemical

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jon: we've been telling you about the embattled san diego mayor bob filner. now there's a deal proposed in mediation talks. city attorneys saying mediators have made a proposed resolution that will be presented to the city council tomorrow afternoon. at least 17 women have stepped forward claiming filner made unwanted sexual advances. now there's calls from his own party urging him to step down. heather: new information on the secrets to preventing memory loss.

a study looking at super agers. they're men and women in the 80s and 90s with brains and memories that seem far younger. researchers at northwestern university already making some discoveries and they're hoping that their findings can be used to help others live long and live well. the doctor is with the l.s.u. health science center and an adjunct professor at l.s.u.-a.s.c. in shreveport. >> thank you for having me. heather: have they discovered the fountain of youth? >> in essence they did. they expected their brains and what they found is these were people in their 80s and 90s and only about 10% of the people that tried to participate in this study when they gave a call for research actually qualified. they found that the cerebral cortex, which is the part of our brain for thinking and codnition

was much larger. normally by 80 or 90 there's atrophy in that area. then deep in the brain that has to do with attention, that was also bigger. in some patients, it was bigger than even 50 and 60-year-old patients. heather: so bigger is better in that particular instance. why? why does it appear to be bigger? >> well, they found it was a very diverse group so there wasn't one thing. so there were a lot of things. and the people that actually were brighter and more mentally alert, they looked better, too. and there have been other studies that say if you look good on the outside, usually you're pretty good on the inside. i would ascribe to that philosophy, keeping yourself and your appearance healthy. they also were very cognitively active. they did crossword puzzles or took classes at university and they were socially engaged with their friends and family. they were going out, they weren't socially isolated. so all of those things kind of

contributed. then there's genetics. we know that there are studies that longevity runs in families and a lot of these people had 80-year-old parents and siblings that were still alive and lived that long so there was a certain genetic component and what they found is if we're lucky enough to have the good genetics, you could do things like smoking a pack a day which we don't recommend. >> you mentioned genetics, diet, what you eat is what you are. i don't know what the saying is, but also exercise. that's important as well. we've done segments before when it talked with mental capacity and exercise is just as important. >> right. and these people did. they were active, they exercised and altitude is another good one. they were very happy about their lives. they didn't talk about their health all the time. you know, we've seen people that have a calling in life that have

professions like musicians and artists and often clergy, sometimes they live a long, productive life because they're happy and they have a good attitude and optimism. there have been other studies that show people that are optimistic are less likely to die of any cause and almost a third less likely to die of heart disease and even cancer. so your attitude counts. heather: stay positive. thank you so much for joining us. we appreciate it. >> thanks for having me. jon: stay positive. good advice. heather: yeah. live longer, live well. jon: right. smell the roses. the latest revelations in the n.s.a. snooping scandal. why lawmakers are now saying the agency has violated the constitution. we learn the spy net was cast much wider than americans have known up until now. plus 911 calls released reveal the critical moments a school

employee talked an alleged gunman to lay down his weapon and surrender. >> where are you? >> i'm in the front office. he just went outside and started shooting. >> can you get somewhere safe? >> yeah. i've got to go.

jon: the n.s.a. secrets revealed. how many times the spy agency reportedly violated our constitution by spying on americans. we'll talk about that with a key congressman who claims the president and his administration have repeatedly violated the patriot act he helped rigwrite. hanna anderson speaking out on network television for the first time.

what she's revealing about her time on the run with the abductor. and what could be unchartered territory when prosecutors try again for the jury to impose the death penalty on jodi arias. her lawyers want access to the jurors' twitter account? can they do that? our legal panel takes up the case. jon: bomb shell revelation and a major embarrassment for the white house. welcome back to "happying now." heather: some brand new proof of big brother spying on thousands of americans, violating the constitution for years and then covering it up. jon: the disturbing evidence revealed in a highly classified document, partially released with heavy redaction. the secret spy court that ov oversees the national security is scolding the n.s.a. for gathering purely domestic

information and then revealing the security program. any evidence the obama administration pushed the n.s.a. to release these secret documents yesterday? >> that would be spec lag but it's pretty good speculation because the administration is being absolutely hammered by the study drip, drip, drip of new revelations about the extent of n.s.a. domestic spying. the press secretary said when the president first came into office had skepticism about this program. listen up. >> as a result of that skepticism, he ordered a review of these programs and as a result of that review, some steps were taken to put in place stricter compliance standards, greater transparency measures and additional responsibilities for the intelligence community to report to congress. >> yesterday's release, although heavily redacted, really shed

some disinfecting sun slight on a bonafide blunder that it may have been collecting as many as 56,000 domestic and i put the emphasis on domestic communication each and every year. the documents are more revealing for the absolute scolding that the chief judge put on n.s.a. he said for the first time the government has now advised the court that the volume and nature of the information it has been collecting is fundamentally different from what the court had been led to believe. now, the mistake is described as technical in nature. that means that it was grouping together a targeted emails from suspected terrorists with innocent emails because n.s.a. apparently had the inability to separate those emails out. jon: we hear the president is assembling a panel of security experts to review these surveillance procedures? >> that's the word from abc news. they're reporting that the president has assembled former

national security experts. among them, richard clark, michael morrell and reviewing the n.s.a. programs and report back to him within 60 days. that cannot come soon enough for some members of congress. senator corker of tennessee, for example, wrote the president just yesterday asking for a full briefing from the n.s.a. director on the totality of these n.s.a. surveillance programs and he wants that done by september 13. jon: doug joining us from washington. thank you. and just ahead, we will look at the secret legal interpretation of the patriot act which the obama administration is using to justify these sweeping surveillance programs. congressman will join us, the primary author of the patriot act and he said that president obama is abusing the law that he coauthored. he's coming up. heather: new information for you as the president's new health care law kicks in.

thousands of americans getting a rude kick in the pants. finding out despite what the president promised that no, they cannot keep the health plan they already have and like thanks to rising costs due in part to the new law. a growing list of big companies like u.p.s. are dropping coverage for husbands and wives if they can get coverage somewhere else. joining us now, the managing editor of the hill. thank you for joining us, bob. >> thanks, heather. heather: u.p.s. is not alone. we also have the university of virginia have said that they are no longer going to offer coverage to spouses. they said the reason, quote, is that the university changes are necessary because the law is projected to add $7.3 million to the cost of the university's health plan and that's just for 2014 alone. so my question is, did the president lie when he said that if you like your plan, you can keep it or did he simply not

fully understand the implications of his own signature legislation? >> well, when the president made that promise, he was trying to get the votes and i don't think he was purposely lying, certainly, but he believed it at the time. now that it's being implemented and there have been a number of implementations stumbled, this is a political problem. whether it's companies or unions, unions now calling for the repeal of obamacare at least portions of it. this is a major problem for the white house with the exchanges going into effect october 1 and the full effect january 1. let's say the employers drop their spouses and we have more employers do that. the question is, is the deal on the exchanges better than the one that they had on the employers? that's a big question mark and that remains to be seen. heather: president obama himself said, yeah, there are going to be problems. he compared it to buying a new car. he compared it to buying an ipad. you know, but you have a choice. you don't have to buy a new car. you don't have to buy an ipad. we don't have a choice with

this. so you would expect that there will continue to be problems like this and surprises? >> there are definitely going to be problems and there's definitely going to be surprises and whether it's a big health care initiative implemented at the beginning of medicare or the drug benefit, there have been stumbles but how bad is it going to be? and people looking forward to the 2014 election, this could be the leading issue and if people think that their health care is worse or it's more expensive because of obamacare, that's going to be a major problem for congressional democrats and they're nervous about this, very nervous. heather: so you think that the republicans can come out on the winning end as a result of the fiasco and the problems with obamacare? >> i think in the short-term they're going to struggle because republicans are struggling over defunding obamacare and the fullness doesn't take effect until january 1. but january 1 if there are major problems, then the effort to repeal obamacare could pick up

so in the short-term i think republicans are fighting what to do with obamacare and the shut down and debt limit and how to deal with that but in the long term, this could be a problem for the country. heather: do you think january 1 it will push ahead? the administration themselves, they've already missed half of their deadlines when it comes to implementing this. >> that's right. they're insisting that the individuals will go into effect but they have postponed the employer component for it. the republicans are pushing for the whole thing. why are you partial to businesses? let's post poeb the whole thing for another year and i think secretly some democrats on capitol hill, they wouldn't mind that. that would get you beyond the 2014 election. heather: some of them not even so secretly speaking out against it. we appreciate it. >> thanks, heather. heather: this is one of the big stories and you can stay up to date on all of the latest political developments with the power of fox news. sign up for fox news first daily politics newsletter at fox

news.com/fox news first. jon: happening now, the situation in egypt. bad as it is, it could soon get a whole lot more volatile. hosni mubarak, the man who ruled the country with an iron fist for 30 years, has been freed from prison. he is said to be under house arrest at a military hospital. it's a move that could further enflame egypt's deep divisions between the military and the muslim brotherhood. chief washington correspondent is live from the state department now. >> good afternoon. ex-president hosni mubarak not only remains under house arrest but faces soon the resumption of court proceedings against him. the ruler of egypt was dressed casually, white shoes, khaki pants, white loafers and flashed a quick smile as he was released to the military hospital where he has previously spent some time during his more than two years of detention following his

overthrow in 2011. whether the spasms of violence that have rocked egypt since the ouster last month of hosni mubarak's successor, the muslim brotherhood leader, morsi will be aggravated remains unclear. hosni mubarak will be retried on chargers that he injured protestors near the end of his reign. meantime, damascus is enduring renewed shelling by the government in syria's 2 1/2 year civil war. the regime pounding targets in the suburb not far from the site of the alleged chemical weapons attack this week. appearing on fox news, the spokesperson for secretary of state john kerry defended the obama administration's actions, some wa say inaction, throughout the syrian conflict. >> i wonder what concern there is that history may reflect that syria was in a genocide or a civil war that claimed 100,000 people and the united states increased its aid and kept its options open. >> that's simply not an accurate depiction of what's happened. we've increased our aid and

increased the type of aid we provided, providing direct aid, a range of different aid. we're the largest provider of humanitarian assistance in the world. >> yesterday's purported weapons attack killed anywhere from 500 to 1700 men, women and children. if so, it would be the worst chemical weapons attack seen anywhere in the world in three decades and france's for n minister saying if the asad government launched such an attack, some show of force should ensue. jon: james, thank you. heather: still to come a teenage girl kidnapped by a family friend suspected of murdering her family speaking out on network tv. what hannah anderson is revealing about her conversations with her kidnapper and thousands forced out of their homes after this massive wildfire rages near yosemite

national park. the latest on the efforts to beat back the flames. hey kevin...still eating chalk for heartburn?

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heather: welcome back. right now some new details for you in some crime stories we're following. a body has been found in the search for missing 12-year-old girl in missouri. investigators are not confirming if the body is that of horton, though family members have said it is her. the girl was last seen monday. a family friend is charged in her kidnapping. hannah anderson discussing her kidnapping or deal on the "today" show. she said she exchanged letters with james dimaggio when she wasn't getting along with her mother. he was killed after kidnapping

hannah and allegedly killing her mother and brother. ohio mom charged with assaulting a child is in court today. she's accused of helping her daughter beat up a high school classmate. she's pleaded not guilty. jon: n.s.a. spying standal story is getting even bigger. the court that supervises the n.s.a. as it collects data has rebuked the agency over some of its collection methods. the obama administration argues that congress authorized collection of bulk data under the patriot act but our next guest says he never knew anything about it and that obama, president obama, is abusing the act. the white house justification for a vast snooping effort, he says, does not stand up to the light of day. a u.s. congressman from wisconsin is with us now, the primary author of the patriot act. did you know the extent to which

the administration was collecting data? >> absolutely not. and apparently, neither did the fisa court. the opinion of the chief judge that was declassified yesterday rebuked president obama and eric holder's justice department for misleading the court and the submissions it made for the alleged authorization of this. the n.s.a. is out of control and the time has come not only to revise the patriot and foreign combelgs and surveillance act but i think we're going to have to completely revamp and ramp down the n.s.a. which is not supposed to be spying on americans but is supposed to be dealing with foreign intelligence. jon: and these new revelations leave no questions that n your mind that the n.s.a. has been spying on americans? >> sure. the new revelations say they've been picking up domestic emails and while email traffic is

subject to different fourth amendment protections, the fact is while what they're doing may be constitutional, it is lousy public policy and big brother shouldn't be able to get into the domestic emails of people who have absolutely nothing to do with terrorism. this is an outrage and the president should start rolling heads and his intelligence operation and in the n.s.a. jon: but you've heard what the administration has said, that if they're going to find a terrorism needle in a haystack of data, first they need to gather the haystack. >> they don't need to gather the haystack. they need to see who has been targeted as a foreigner, who is a target of an authorized intelligence investigation which is what the patriot act intended them to do. if the haystack was so good, then how come dzhokhar tsarnaev and his brother had a strike on

the boston marathon? jon: we mentioned that you were the primary author of the patriot act. in what ways have they gone beyond what you and congress, in your view, intended? >> well, they've completely tipped over the standard of relevance beyond what is in the dictionary and what common sense is. what the patriot actses says is if there was a foreigner, meaning not a u.s. sit sfwlen and not a green card holder who is the target of an authorized terrorism investigation, then they could collect the phone records and the email records of the people that the foreigner had been contacted, whether it was a u.s. person or a foreign person and be able to work from there. so it goes from who the authorized target was so the people that he was spotted with rather than getting the haystack of trillions of calls and trying to find a needle in a haystack that was obviously too big for them to manage. jon: what have the folks in

wisconsin said to you about this n.s.a. program? >> they are outraged and i took an awful lot of goff as the author of the patriot act because i thought it would be restricted by the fiza court and by the intelligence committee. we found out yesterday that the court was misled by the obama justice department. the former head of the intelligence committee of michigan said that what obama is doing is bush on steroids. well, it's about time they got weaned off the steroids and got back to what the constitution and law says and if we've got to tighten up the laws, maybe even too tightly in order to protect privacy and civil liberties, then so be it. jon: congressman from wisconsin and again, the primary author of the patriot act, you're a little hot under the collar. we can see why. >> it's hot here in d.c.

bye-bye. jon: thanks, congressman. heather: a dramatic call to 911, a school bookkeeper putting her own life on the line, convincing a mad gunman to put down his weapon and surrender. so then the little tiny chipmunks go all the way up...

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jon: right now getting new details of a terrifying incident when a man walks into a school near atlanta carrying a gun and 500 rounds of ammunition. he stops at the front office

where a bookkeeper dials 911. amazingly, she keeps her composure, starts negotiating with police on behalf of the man, all the while trying to calm him down. listen.

jon: wow. michael brandon hill told the woman he was trying to get the attention of police and had no plan to harm the 870 students at the school. he did exchange gun fire with officers from an a.k. 47, we're told, but no one was hurt. hill is charged with aggravated assault on a police officer, possession of a firearm by a convicted felon and terroristic threats. when it was all over, as you heard, antoinette tutt admitted she was terrified. who can blame her? heather: what a hero, though. you're amazing. wildfires raging in the western part of the country. resources clearly stretched thin and firefighters tried to contain dozens of fires burning from arizona all the way to alaska. the largest is called the rim fire which is growing quickly and threatening thousands of homes near yosemite national park. claudia is live with us from san

francisco with the latest. >> thousands of firefighters battling more than 50 wildfires raging across the country, including that massive blaze you mentioned that is burning dangerously close to yosemite national park. at just 2% containment, the so-called rim fire is completely out of control scorching 53,000 acres so far. at this point it's not threatening the most famous landmarks and other sites in the valley but it is burning in steep, rugged terrain with tenderosa pine and more than 50,000 firefighters are on it. >> the fire has grown so large, the head is creating its own weather and that's what we're seeing right now. >> and similar conditions in washington state where the eagle fire has burned more than 1100 acres and is just 10% contained. no homes lost so far but dozens of residents have been evacuated. 600 firefighters and six

helicopters are battling this one. along with that fire in washington, take a look at this map. there are nine fires burning in oregon, nine in idaho, six in montana and 10 here in california. and these are just the major full suppression fires. others are burning as well. good news to report out of central idaho where flames have ripped through 170 square miles near sun valley and hailey. more than 1,000 homes in the resort area still under evacuation. but the beaver creek fire is now 50% contained. many residents are being allowed to go back to their homes and more progress is expected today with some rain in the forecast but once they are done there, those weary fire crews won't get much time to rest before they're sent to fight other fires burning around the west. heather: and so dangerous for the fire crews as we learned very recently and potentially deadly as well when they're fighting them. thank you so much. jon: a potentially big

development in the first degree murder case against a former nfl star. what we all could learn about the evidence against aaron hernandez when he is expected to appear in court in just a couple of hours. plus are the twitter accounts and social media interests of jurors fair game? that's what lawyers for jodi arias are after as the state tries again to get the death penalty in her murder conviction. our legal panel on what may be a brave new world in high profile trials. grrrr ahhh let's leave the deals to hotels.com. oh my gosh this is so cool... awesome! perfect! save up to 30% plus an extra 12% off with coupon... now until labor day. only at hotels.com

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heather: fox news weather alert for you now. we've been telling you will about wildfires raging across the west. unfortunately the weather posing a major challenge for firefighters who are stretched thin trying to contain dozens of fires. warnings and watches posted in multiple states. dry and windy conditions, well, they're helping to fuel the flames. meteorologist rick reichmuth live from the fox weather center. rick, is there any relief in sight? >> there is a little bit. there will be increased moisture in the area. that is food news. it increases humidity levels. that helps. and we get chances for spotty thunderstorms and that helps as well. for example, you look at overall forecast for the rim fire outside of yosemite, it is mostly a forecast for clouding conditions today. a little more sunshine tomorrow. little more than 5%

containment in that. north of that, you see a little green on the radar. we have all kind of areas, 50 large fires going on from arizona up toward washington. a very big area here. we are seeing a little bit of rain but the problem is long-term drought. we've got 20% of this area across the west that is in at least extreme or exceptional drought. the only spots that are not, far northern montana and parts of washington. every place else is dealing with long-term drought. that takes a lot of moisture to help correct the problem. it will take a long time to see that kind of alleviate any kind of issues there. but what we are seeing, take a look at the last 4 hours. monsoonal moisture is there. the day heats up. you see the thunderstorms fire up again. sometimes thunderstorms street lightning without any storms with it. that is what is starting a lot of fires. in some cases you might see isolated one or two inches of rain that will help matters. there is a tropical disturbance off areas of mexico.

i think we'll see increased bit of moisture at least into the southern half of this picture here by at least this weekend and that would be good. other story, heather, we're dealing with, the temps right around five to 10 defwrees above where they typically would be. long-term drought and high temperatures, we hope where the fires are they get a little bit of storms happening there. heather: rick, thank you. >> you bet. jon: right now, former new england patriot aaron hernandez is set to return to court for a hearing where he will hear the evidence prosecutors have against him. from what we hear it could be extensive. as hernandez is set to learn as soon as today whether a grand jury indicted him on first-degree murder charges in the shooting death of his friend. holly line is streaming live from at tell borrow, massachusetts. >> reporter: john, the probable cause hear something slated for 2:00. we're waiting further word. aaron hernandez is slated to be lear. it is possible a grand jury could come down with an

indictment as you mentioned as soon as today. these proceedings are secret. we haven't heard that is occurred officially, whether or not a indictment has come down or will come down. there are some other interesting things that have come out in recent weeks. i want to review some of the most critical things. earlier this week it was revealed a gun has been found that could be critical to solving the murder of two men gunned down in boston last summer in a drive-by killing investigators could be linked to aaron hernandez. that weapon was discovered in the trunk of a young woman's car after she had been in a car accident back in june. she denied ownership of the gun but told officers she had given a group of football players a ride to work and they left their stuff in the car. she is from the same hometown of aaron hernandez, that is bristol, connecticut. investigators have video surveillance, that shows shanna jenkins, fiance of aaron hernandez leaving their home the day after

owed din lloyd's murder. that was heavy object obscured in a trash bag consistent with a lockbox or a safe. she left the vehicle and returned 35 minutes without the object. once again still waiting on official word regarding this indictment. i'm getting a thumb's up right now from my producer there has been an indictment handed down on aaron hernandez out of fall river. we'll work on further facts and get the full fleshed out facts regarding the indictment and bring it to you, jon. jon: that is breaking now. the grand jury indictment of aaron hernandez just in to molly line from attleboro. we'll let you get back to the reporting. thanks very much. >> right now in the jodi arias murder trial, prosecutors are expected to seek a new panel for a redo of the death penalty phase soon. this after jurors failed to reach a decision on her sentence back in may. but airy as's lawyers are asking the judge to allow

the judge to monitor twitter accounts and twitter handles of jurors, saying that their client deserves a fair trial. tom can any of, a criminal defense attorney and former prosecutor and jag attorney, rebecca rose woodland a trial attorney join us with more insight. this is really interesting area that is being opened up here. tom, i will start with you. twitter accounts, fair game of jurors? >> look, they're fair game in the sense that if the attorneys handling the case can do their own investigation and their own research and monitor the twitter accounts without invading the privacy of the potential jury panel i think that's legitimate. i am concerned with the idea that the judge would issue an order saying that the defense or prosecution or both are authorized to conduct ongoing monitoring of the potential panelists twitter accounts because i'm afraid it would have chilling effect on jury selection not just on this case but all cases in the future. already it is an very

invasive process to have attorneys in a courtroom setting lay jurors are totally unfamiliar with, prioring into their personal lives and being big brother and monitor their social media. heather: twitter facebook, there is warning on both anything you put on here can be seen publicly. they have the option of making the account private. how would they go to get into the accounts. >> actually your account is private but everything you write on twitter and facebook is owned by those companies. if those companies are subpoenaed by a governmental agency or a judge in this case, the judge in jodi arias, they can reveal that information. the judge has the ultimate authority to do so. so i agree with tom. what we're looking at is a situation where jurors may say, wait a minute, i don't want to serve on the jury and someone will see all my person that things. i don't want them to see that. some employers said hey if you want the job you have to open up a facebook account as perspective employee. people were up in arms. wait a minute. that is my private

information. only things you need to know about me to get the job or be a juror would be applicable. >> right. heather: so you know, social media evidence in criminal proceedings, it really has changed the way we, you know, deal with situations like this. >> yeah, absolutely but look, all through history, especially modern history, right? technology evolves. if you roll the clock back, 20, 30 years ago, rodney king, what was the big new piece of evidence, videotape. suddenly everybody had their own video camera. 10, 20 years going forward, everybody has their own twitter account, camera phone, camcorder in their phone. society adjusts to this evolution and the idea that, you know, hey, can evidence be mined off twitter, facebook? of course it can. if somebody is accused of a crime and going on facebook and twitter account saying hell yeah, i did it. that is classic admission, comes in evidence as long as you can show it is reliable and that the person wrote it and so forth. heather: are we doing enough

to adjust quickly enough? >> that's the question that's the balance. ultimately these sort of issues get up to the supreme court where there's a decision on a federal basis and then the states will make their own decisions and interpret federal laws based on what we should do, how much balance of privacy versus someone's rights and how invasive can we be in a situation where we saw in the last jodi arias trial, we had one of those alternate jurors tweeting and apparently looking at different tweets. what that can do is influence someone because you're told when you sit in that juror box, the facts are what are presented here in the courtroom. not what anyone else tells you. the prosecution has to prove the fact the beyond a reasonable doubt. that's what we saw in the sim sim case, the jury was -- zimmerman case. they expected media, whatever outward influence he had the jury sequestered, they were able to see and

hear nothing. heather: just to clarify though, what exactly are they asking for in terms of the time frame? they're asking for jurors, everything they have treat tweeted between the time the trial ended and now and penalty phase or do they want the tweets during the penalty phase? >> i think there is two issues going on. first issue they're bringing a new jury for the penalty phase, right? there was issue with respect to the first trial saying there was evidence disclosed that one of the jurors violated rules. heather: right. >> i don't have a problem because the jurors are instructed not only to tweet or facebook but they're not supposed to discuss the case. when you have evidence of juror misconduct, absolutely you go and investigate it. the defense attorney is arguing based on first of all the high-profile nature of this case, second of all the fact during the trial we know there was some impropriety concerning social media, they want to go forward, i don't know, real-time monitor the tweets and have the potential jurors have to disclose their social media accounts and so forth. heather: prior to choose the

jurors. >> right. which i think that is where i think the concern about the chilling effect comes. people are reluctant to serve on juries to begin with especially a case like this. heather: yeah. >> all of sudden people will be prying into their social media. whether they actually have real privacy or not in their social media, people think they do. when they know people are prying into it and people have deepest, darkest secrets on there, twitter accounts. heather: shouldn't do anyway. >> we all know that but not everybody does. you are going to wind up, you're going to wind up freaking people out and maybe people already reluctant to serve on a jury more reluctant not only in this case but all the cases to come. heather: that definitely makes sense. thanks to you both for joining us. we appreciate it. jon? jon: trial resumes of two teenage boys accused of killing a baby in front of the child's mother. we're live outside the courtroom. a squatter busted in

jennifer lopez's estate in the hamptons on long island. the name is familiar to the superstar. we'll tell you how they're linked and this guy is up to hey linda!

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heather: some new information for you on some inner entertainment story we're following. photographerer suing kanye west after getting into a scuffle at l.a. airport. daniel ramos says the rapper left him on crutches and he is still in pain. kelly clarkson can't wait any longer. scrapping plans in october for the big wedding. they're too busy and planning to elope. officials say intruder was living for a week on the property of jennifer lopez on the her long island estate in the hamptons. she had a order of protection against the man, 49-year-old man from rhode island. jon: a disturbing murder case is back in the news today, back in court as well.

1-year-old antonio santiago shot in the head as his mother looked in what apparently started as an attempted robbery. the first of two teens accused in the shooting is being charged in georgia. john robert is live in marietta. john. >> reporter: good afternoon to you, jon. prosecution star witness took the stand. dominique lang, was with accused shooter, demarquee elkins and lang is also charged in this case. he had a gun in the waist band and looking for someone to rob. they came across sherry west that morning pushing a stroller. lang testified that elkins confronted her, demanded her purse, when she refused that is when things turned dead did i. >> he shot. >> where did he shoot? >> at the ground. >> after he shot at the ground, what happened? >> he shot again. >> did he say anything between the two shots?

>> not that i recall. >> when he shot the second time where did he shoot? >> at miss sherry's leg. >> reporter: lang testified that's when he went into panic mode. he did hear a third shot but didn't see where it was aimed. that is the shot that believed to have killed 13-month-old antonio santiago. lang took off running with de'marquise elkins in hot pursuit of them. faced with damning testimony defense pointed out a number of lies lang told investigators in the wake of that shooting and pointed fingers at lang's third cousin joe lang with the suspects immediately after the murder and changed his story where he was before the baby was shot. that led to this confrontation in open court. >> why did you say you were uncertain a couple of seconds before mr. lang. >> uncertain? >> that you were pretty sure. why did you say that? your honor, order the witness to answer the question. >> your honor -- >> ordering the court what

to do? >> i didn't, i said i would ask you to order the witness to answer the question. >> reporter: on the stand lang showed open contempt for the defense. at one point smiling at defense attorney jonathan lockwood and saying he found him amusing of the the defense countered that jo lang should be a considered a prior suspect in this case and not their client. jon? jon: what a horrible story all the way around. john roberts in atlanta. thank you. heather: well a little bit of a better story here. a special honor for a victim of the boston marathon bombers. we'll tell you about a tribute and posthumous award for the mit police officer allegedly murdered by the suspects. plus why native americans won't have to worry about paying any fines if they refuse to sign up for health insurance. details on their special exemption from the individual mandate. too big. too small. too soft. too tasty.

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heather: another footnote. buried in president obama's new health care law costing tax pacers billions of dollars. well turns out native americans are exempt from the individual mandate and won't face any fines if they don't sign up. they already get free health care and taxpayers foot the bill at the same time. native americans will qualify for additional benefits if they do sign up and once again, guess who pays? william la jeunesse is live in los angeles with these details. william? >> reporter: well, heather the individual mandate is the cornerstone of obamacare. without it healthy people leave the system and sick people can't afford the rates. so the administration promised to penalize everyone in order to get 100% compliance. at least that's what you were told. obamacare's individual mandate requires all

americans buy health insurance except native americans. >> exempt to me means that we don't have to participate, we're not required by law to participate. >> reporter: that means native americans, unlike others will not be fined for not having insurance. >> yeah, it does create a rather unfair situation in the end. >> reporter: indian tribes already receive free health care through the 4 billion dollar a year, taxpayer-funded indian health service. >> it hasn't been that very good. we get less than half of what the prisoners get in the fed and we're it -- federal and we're not in in prison. >> reporter: under obamacare, native americans like everyone else can buy private insurance through state exchanges. >> they don't have to go to the tribal program or indian health services program. >> reporter: with poverty rate twice the national average, most native americans will qualify for substantial subsidies, another expense for taxpayers. >> all of these sorts of things in this kind of an approach, wiped up, raising

questions of fairness. i think that's a big part of why the law remains as unpopular as it does. >> reporter: native americans argue the u.s. is obligated through treaties to provide health care. even so some tribal members are likely to ignore the exchanges all together. >> we have many members that close not to because they say, i'm an american indian. the federal government said they will take care of us. >> reporter: so the bottom line is, the individual mandate is not a mandate for everyone. turns out it is not just the native americans. critics say the exemptions and subsidies apply to religious groups, inmates, the poor who can't afford the fines and this could undermined the support of those who pay the full, cost, heather of their health insurance. heather: exemptions keep adding up. william la jeunesse. thank you. jon: new information now on a university police officer who died while taking on the boston bombing suspects.

mit officer sean collier was shot and killed april 18th. he was just weeks away from realizing his dream of becoming a police officer for the somerville department. now that dream is coming true. the city is paying special tribute for the fallen officer, swearing sean collier into its police department posthumously during a ceremony tonight. heather: three teenage boys charged in the connection with the murder of an aspiring athlete. australian baseball player christopher lang gunned down while jogging. latest details on the tweet that this so-called thrill kill was racially motivated. [ male announcer ] this is claira.

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